Bill 117 Info Page

Some content courtesy of Biker Radio Magazine Be sure to tune in weekly

---

As we, riders and bikers enjoy our rides and take care of them to keep them clean, safe and a reflection of our tastes sometimes we have people thinking they know the best way to keep us and the people around us safe. The thing is... sometimes it is done without our asking first and is often times done without any real investigation into statistics. Statistics. Those are the problem. Statistics can be interpreted in many ways. I think you know what I mean but allow me just a short example and I will use this very topic and this is a direct quote taken from a proposed Bill in the Ontario Canada Legislature:

According to Smart Risk, in the fiscal year 2005-2006, 856 people were hospitalized in Ontario due to motorcycle related injuries. Of those, eight were aged 5-9 and 38 were between the ages of 10 and 14.

Statistics. Do you see anything suspicious there? What does " Motorcycle Related " mean? Were these injuries sustained on road or off road? What was the nature of the injuries? Broken bones? Cuts? Burns? Of the 46 injuries to those 14 years of age and younger, where did these injuries occur and what was the specific nature of them? We do not know.

Below is the description of the proposed Bill which has passed send reading which means it is on it's way to being law. AT THIS POINT no one has sought information from the motorcycle community to investigate these statistics and ask for any real input from the riding community that we have been made aware of. Here's the Proposal:

As you know, Bill 117, if passed, would amend the Highway Traffic Act to prohibit driving or operating a motorcycle on a highway while a person under the age of 14 is a passenger on the motorcycle, with a view to promoting safety on Ontario’s roads and protecting youth from preventable injuries.

This initiative would promote safety on Ontario roads and help protect youth from preventable injuries. The research is alarming:

According to Ontario MTO’s Road Safety Reports, a total of 199 motorcycle passengers between the ages of 0-15 sustained an injury in the years 1995-2005. 12 of these were between the ages of 0-4, 54 were between the ages of 5-9 and 133 were between the ages of 10-15.

According to Smart Risk, in the fiscal year 2005-2006, 856 people were hospitalized in Ontario due to motorcycle related injuries. Of those, eight were aged 5-9 and 38 were between the ages of 10 and 14.

According to Transport Canada, in 2006, 54 motorcycle passengers (between the ages 0-14) were seriously injured, across Canada. Four of these were between 0-4 years of age; and, 50 of these were between 5-14 years of age.

In the USA, four states have age-related laws and this would be the first law of its type in Canada.

Second Reading is scheduled for December 4, 2008, and will be debated in the Legislature at that time.

Yours sincerely,

Dr. Helena Jaczek, MPP,
Oak Ridges-Markham
137 Main Street North
Markham, Ontario L3P 1Y2
905-294-4931 or 1-866-531-9551

---

Biker Radio Magazine had the chance to talk to Helena Jaczek and so we did. I invite you to listen to the interview and while it was edited to clean up the edges, the content was not touched:

Helena Jaczek interview

We followed up with an interview with Raynald Marchand, the General Manager of the Canada Safety Council and discussed the numbers as stated by Helena Jaczek:

Raynald Marchand interview

We also talked to a friend at a radio station and she interviewed Peter Jacobs, President of the Motorcyclists Confederation of Canada. Many thanks to CHUM Radio, Windsor and Melanie Deveau for the use of this interview:

Peter Jacobs interview

As you have heard... the statistics may have been read and understood differently for one person and two others have a very different interpretation. I am with the last two.

---

What can we do as riders/bikers in Ontario Canada to help quash the current wording of the Bill and have it investigated properly so that it doesn't come to pass that having someone 14 years old or younger on the bike is against the law? We have time. Not much time but we do have time. Petitions are very important but there is a proper way to present these. Presenting a petition would be done at the Committee and that is the next step before something like this can become a law. Here's the procedure... it's a little dry reading but you should be aware of how it works. You never know if you might need it again:

A Legislative Committee is a small working group of MPPs responsible for detailed consideration of any matter that it is authorized to review. In the course of its work, a committee may hold public hearings, wherein citizens from across Ontario have the opportunity to comment on, or provide evidence relating to the matter under review.
The three most common ways in which individuals and organizations can engage in the committee process are by appearing as a committee witness; submitting written material to a committee, or attending committee hearings.

Members of the public who wish to speak before a Legislative Committee must start by registering with the Clerk of the Committee. They may contact the Committee Clerk in the Committees Branch by telephone, email, or fax.

Organizations or individuals wishing to register will be asked the following information:
Contact name
Organization name
Presenter(s) name and title
Address
Contact numbers (home, work, cell, fax, email)
Number or name of Bill that they wish to speak about

The Committees Branch facilitates the organization of the hearings, based on direction from the Committee Members. Organizations or individuals selected to present before the Committee will be contacted by the Clerk of the Committee. For additional information regarding meeting locations, dates and deadlines, please refer to the Public Notices section. You may also contact our office at:

Committees Branch
99 Wellesley Street West
Room 1405, Whitney Block
Toronto, ON M7A 1A2

Telephone: 416 325 3500
Fax: 416 325 3505
TTY: 416 325 3538
Collect calls are accepted.

Upon arrival at the Committee Room, presenters must introduce themselves to the Committee Clerk. The Clerk will confirm.

Guidelines for Submitting Briefs to Standing or Select Committees

General

The following suggestions are offered as a guide and are not intended to place any limitations on groups, organizations, or individuals interested in making submissions. Those who follow the suggestions will facilitate the work of the
Committee. Those who do not or cannot follow these guidelines will not be penalized in any way nor will their submissions receive any less attention.
Briefs will be accepted as handwritten, typed or printed documents. In addition to hard copies, it is also appreciated if documents are sent by email.
It is helpful if groups or organizations include in their briefs information on their membership and objectives.
Briefs submitted to the standing or select Committees of the Legislative Assembly of Ontario are considered public documents and are made available to the public for inspection or for copying.
For a list of past submissions pertaining to a particular Bill, please contact the Committee Clerk for an Exhibit List.

Content of Submissions

Briefs should deal specifically with the subject-matter which has been referred to the Committee. If in doubt, the Clerk of the Committee should be contacted.
To ensure that submissions to the Committee assist the members in obtaining a full understanding of the views put forward and the recommendations made, the following points should be considered when preparing briefs:

factual information should be included which substantiates the conclusions put forward, the views expressed and the claims made;
recommendations should be as specific as possible;
the brief should be prefaced with a summary of the main conclusions and recommendations; and
brevity is recommended.
Format of Submissions

Briefs should be double spaced with consecutive pages numbered, on 8 1/2 x 11" paper.
The name and address of the group or organization submitting the brief should be clearly identified on the title page. In the case of a brief submitted by an individual, the name of the individual should be clearly identified on the title page.
For copying purposes, the ink colour should be as dark as possible (preferably black) and the colour of the paper should be white.

Committee Hansard

Committee Hansard (verbatim transcripts of both public hearings and clause by clause consideration of a Bill) may be accessed online in the Committee Debates section.

Number of Copies of Submissions

The Committee requires 25 copies of each brief. If it is not possible to supply the quantity required, the additional copies will be made by the Clerk of the Committee for the Committee's own use.
Presentation briefs are required for official purposes – not only for Committee Members, but also for Committee staff, the Ontario Archives and Legislative Library Exhibits. Briefs are also needed for distribution to media representatives, ministry and Members’ staff and members of the public present at the hearings.

Presentation of Submissions

At the hearings of the Committee, witnesses may be asked to summarize the information contained in their submissions as well as their conclusions and recommendations. Witnesses may be invited to elaborate orally and/or present arguments and may be questioned by members of the Committee.
Witnesses may wish to ask the Committee Clerk to clarify the Committee process prior to their presentation as the process may vary from Committee to Committee and from bill to bill.
To assist with the identification of witnesses, a list of the name and position or title of each person appearing before the Committee is required. This list should be verified for correct spelling of all names and titles, and should be given to the Clerk of the Committee before a presentation is made to the Committee.

Sending Written Submissions

Those wishing to comment on a particular Bill may send written submissions to the appropriate Committee Clerk by fax, mail or email. See the section “How to Register” above for fax and mailing directions. Or you may call the Committees Branch at 416 325 3500 for the email address of the Clerk of the Committee.
All written submissions must be received by the Clerk of the Committee by the advertised deadline. Please see the Public Notices section for additional Committee Bill deadlines.

---

The information about the committees was researched by Kathy, President of the Essex County Riders.

You may want a petition. Our friend, Iron Maiden in Toronto has drawn one up and you are welcome to use it to collect names at bike shops and within your riding community. She has allowed us to post it for you to download and print out, complete with a cover letter. Once you have your petition out getting signatures, you will need a place to send it. We will make sure all paperwork gets to the Committee Clerk.

Petition against Bill 1172

Accompanying letter

---

Ride safely and SEE (Search, Evaluate & Execute),

Raynald Marchand,
General Manager, Programs
Directeur Général des Programmes
Canada Safety Council
1020 Thomas Spratt Place,
Ottawa, Ontario, K1G 5L5

Raynald.Marchand@safety-council.org

Riding with Passengers

Motorcycling is such a great experience that eventually you’ll want to have someone along to enjoy it with you. Most motorcycles make that possible through a dual seat or saddle and passenger foot pegs. It probably goes without saying, but we’ll say it anyway: no seat and foot pegs specifically designed for a passenger means you shouldn’t be carrying a passenger.

As great as it is to take along a someone as a passenger there are added responsibilities for both of you. Let’s look at them.

As the rider, before you take any passengers, you should be fully familiar with your motorcycle. It’s braking, steering and power characteristics should be second nature to you before you take a passenger. You should also have developed your risk awareness skills. In other words, don’t take a passenger on your motorcycle until you feel completely comfortable doing so.

In the United States, sixty-six percent of the females who died in a motorcycle crash in 2002 were passengers.

The addition of a passenger is going to change a lot of your motorcycle’s characteristics you’ve become familiar with. Even a small, relatively light passenger, adds, in percentage terms, a lot to the rider and motorcycle weight that you’ve been used to. The effect of the extra weight is to: increase braking distances; in some instances, change the amount of throttle you need to accelerate and; change the steering characteristics of the motorcycle.

Before the passenger even gets on your motorcycle, check the owner’s manual for your bike. It will tell you if you need to make any suspension adjustments and/or put more air pressure in your tires. Not following these recommendations will have a negative effect on the motorcycle’s stability and, ultimately, yours and your passenger’s safety.

Something else you need to do before the passenger gets on the motorcycle is giving him or her a brief description of passenger responsibilities. These include:

As the rider, you have additional responsibilities:

Above all, remember, you’re responsible for your passenger’s safety and enjoyment.

A quick word about carrying children as passengers. Nobody should be a passenger on a motorcycle unless they can:

---

From: ken@bikerradiomagazine.com [ mailto:ken@bikerradiomagazine.com]
Sent: October 31, 2008 3:25 PM
To: Jaczek_Helena-MPP
Subject: Bill 117 An Act to amend the Highway Traffic Act to prohibit the driving and operation of motorcycles with child passengers.

Ms. Jaczek

This letter is in protest to your proposed bill to ban passengers of less than 14 years of age on a motorcycle.

This act is shameful. There is no good reason for it and considering motorcycles have special license requirements, require their own insurance and often extra attention is used when riding a motorcycle, I find the concept of the bill to be in bad spirit.

I do not believe motorcycle operators or their children need to be singled out for any reason. You proposal is unfair.

Ken

Executive Producer
Biker Radio Magazine

---

These are comments that were taken from an on-line petition:

'I strongly disagree with this. We already have foot peg laws to limit passenger size along with graduated licensing to avoid having inexperienced riders carrying passengers.'

'While I appreciate the concern for the welfare of children under 14 I am not certain that this bill addresses something that is actually a problem. In my career as an orthopaedic surgery trainee and physician I have rarely seen a child that has been injured in this manner. While I did hear of a ten year old child recently who was involved in an accident when his father was hit by a car, this was an isolated case and uncommon. I have treated substantially more children who have been injured by other past times that are not being likewise restricted. For example, each summer countless children are injured on climbers, trampolines, or off-road recreational vehicles. It would be interesting to see upon which statistics this bill has been based and whether they would actually stand up to statistical analysis and review.'

'The energy spent on this frivolous bill would be better spent on an awareness campaign to keep all those who ride motorcycles safe on our roads and highways.'

'Get on the back seat of the motorcycle and see where the problems are. The riders are not the problem as much as the automobile driver is by not observing the traffic laws and regulations.'

'As a police officer and a motorcycle instructor for the past seven years, I believe this proposed legislation is poorly thought out. The noted statistics do not support changes to current methods and laws concerning who can be a passenger on a motorcycle.'

'Any child that you refer to that was unable to put their feet on the foot pegs and was injured was breaking the law. The persons responsible for these children will not obey this law'

'16 year old can get a license to ride yet a 14 year old cannot ride as a passenger..ugh!'

'Who is the idiot that automatically assumes that because we ride bikes we are incapable of keeping our children safe?'

'I find it incredible, in this day of high oil prices and green house gas issues, the government would block an efficient mode of transportation . Why not do something about the lack of enforcement on our roads, this would greatly improve safety.'

'The TOMA ride held every August for children who have fallen victim of burns rides kids around Ontario from the region of Peel to Hamilton. We raise thousands every year to benefit these kids and they all get a nice little ride on a motorcycle. My son, 6, rides his own bike. A dirt bike with pads, helmet, boots, gloves and goggles. Why can he operate his own bike legally, yet cannot be on the bike of my bike?'

'Governments should not try and be parents to our children!! To think that proposed Legislation to "protect" 20 children a year on average over a decade could actually be introduced, let alone pass first reading is ASTONISHING!!'

'Laws exist to protect our children from criminal negligence. A law that targets motorcycles specifically is a irrational and misdirected effort.'

'I have been riding motorcycles for over 35 years now and my children, upon reaching the proper height to comfortably reach the passenger footpegs, rode with me. They are both still alive and well and now ride their own motorcycles. I was also a professional FireFighter for over 37 years and responded to several motor vehicle accidents where children were involved in car accidents but never...never did I respond to a motorcycle accident where children were involved.'

'Looks like some want to bubble wrap our kids then expect them in 5 years to learn everything needed to be an adult. No wonder our children are unhealthy - keeping them cooped up inside with their x-boxes, intendos and letting them live in a unreal world is better than letting them getting out and seeing what is going on around them.'
'I rode my first bike when I was 11 years old, and I got hurt my playing school sports that the Government insisted I participate in.'

'I am 11 years old and I like going on the motorcycle with my Dad. Please let me go for more rides with my Dad. I am against this law. Please dont pass this law.

'This proposed law is absurd, all 4 of my sons were raised riding on the back of a motorcycle and never had a problem. Through this they learned early how to be not only safe motorcycle riders but also safer car drivers. Please do not allow this law to pass!'

'Motorcyclists with a passenger -particularly a child- are likely the safest and most responsible drivers on the road.'

'Go with the statistics and not a lone members "hate on" for motorcyclists.'

'Clearly there is a misunderstanding between cause and effect.'

'If this passes I would demand that all children be banned from all types of transportation. It is not the governments right to choose what type of transportation that the public uses only that it follow all safety guidelines when using said equipment.'

'Perhaps our paid government officials should model other First World countries who promote the use of motorcycles instead of trying to take our rights away and make their use more difficult.'

'As a Tow Truck Company Manager in the Town of Whitby. I can thankfully say that I have never seen a child hurt on a motorcycle.'

---

Get Out and Ride

Copyright © 2009 The Lonely Rider
Click here for contact info